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GLOBE & RUTGERS FIRE INS. CO. v. McGINNIS

No. 5565.

29 F.2d 357 (1928)

GLOBE & RUTGERS FIRE INS. CO. OF NEW YORK v. McGINNIS.

Circuit Court of Appeals, Ninth Circuit.

November 26, 1928.

Attorney(s) appearing for the Case

Orrick, Palmer & Dahlquist, of San Francisco, Cal., and Ellinwood & Ross, of Bisbee, Ariz. (Robert L. Hall, of San Francisco, Cal., of counsel), for appellant.

Stanley Samuelson, of Florence, Ariz., and Otto E. Myrland and Lesley B. Allen, both of Tuchon, Ariz., and Oscar T. Barber, of San Francisco, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal to review a judgment in favor of the plaintiff on an oral contract of insurance. The sufficiency of the testimony to support the verdict is the only question presented for consideration. Taking the view of the testimony most favorable to the appellee, as we must, the facts are substantially as follows: March 26, 1927, the appellant, through Commercial Realty & Trust Company, its agency at Douglas, Ariz., issued a policy...

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